OPINION AND ORDER: (1) GRANTING PLAINTIFF'S OBJECTION (ECF NO. 33); (2) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BUT MODIFYING IT SUCH THAT DEFENDANT LINDSEY BOBAY-GLIEBERMAN IS DISMISSED WITHOUT PREJUDICE (ECF NO. 32); (3) DENYING AS MOOT THE MOTION TO DISMISS THE COMPLAINT (ECF NO. 10); AND (4) GRANTING THE MOTION TO DISMISS THE AMENDED COMPLAINT AS TO DEFENDANTS LONIE GLIEBERMAN, LINDSEY BOBAY-GLIEBERMAN, AND BLACK BEAR (ECF NO. 20) PAUL D. BORMAN , District Judge . Now...
OPINION AND ORDER (1) DENYING BR NORTH 223, LLC'S OBJECTIONS (ECF NO. 345); (2) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF NO. 340); (3) GRANTING BR NORTH 223'S EMERGENCY MOTION TO SEIZE AND TRANSFER ALL SHARES OF CERTAIN STOCK HELD BY DEBTOR IN AID OF COLLECTION ON THE JUDGMENT (ECF NO. 151); AND (4) ORDERING BERNARD GLIEBERMAN TO TURN OVER ALL SHARES OF STOCK IN DIGIM, INC. TO BR NORTH 223 PAUL D. BORMAN , District Judge . Now before the Court is Magistrate Judge...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION WITHOUT PREJUDICE (ECF NO. 44) PAUL D. BORMAN , District Judge . Now before the Court is Plaintiffs Amira Salem and Keshuna Abcumby's Motion for Class Certification that was filed on August 11, 2016. (ECF No. 44.) Defendants Michigan Department of Corrections ("MDOC") and Millicent Warren filed a response and Plaintiffs thereafter filed a reply. (ECF Nos. 50 & 51.) 1 A hearing on this matter was originally scheduled for...
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [11, 15] DAVID R. GRAND , Magistrate Judge . Plaintiff Michael Binion ("Binion") brings this action pursuant to 42 U.S.C. 405(g), challenging the final decision of Defendant Commissioner of Social Security ("Commissioner") denying his application for Supplemental Security Income ("SSI") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions [11, 15], which have been referred to this Court...
REPORT AND RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT [R. 12; R. 15] ELIZABETH A. STAFFORD , Magistrate Judge . Plaintiff Sherry Margaret Byberg appeals a final decision of Defendant Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits ("DIB") under the Social Security Act (the "Act"). Both parties have filed summary judgment motions, referred to this Court for a report and recommendation pursuant to 28 U.S.C. 636(b)(1)(...
REPORT AND RECOMMENDATION TO GRANT IN PART PETITIONER'S APPLICATION FOR SECTION 406(b) ATTORNEY FEES, SUBJECT TO PETITIONER REFUNDING TO GREENLY THE EAJA AWARD PETITIONER ALREADY RECEIVED [R. 29] ELIZABETH A. STAFFORD , Magistrate Judge . I. INTRODUCTION Randall E. Phillips, counsel for Plaintiff Renique R. Greenly, seeks an award of attorney fees under 42 U.S.C. 406(b)(1)(A). [R. 29, PgID 484]. 1 For the reasons stated below, the Court RECOMMENDS that the motion be GRANTED IN PART,...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff Michael Arnold, 1 then a prisoner at the Central Michigan Correctional Facility (STF) in St. Louis, Michigan, 2 filed this action under 42 U.S.C. 1983 against Daniel Heyns (Director of the Michigan Department of Corrections (MDOC)), Michael Martin (Special Activities Coordinator for MDOC), and Brad Purves (Food Service Director for MDOC), in their official capacities, 3 alleging that Defendants violated...
REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTIONS FOR COSTS AND SANCTIONS [R. 21, 22] ELIZABETH A. STAFFORD , Magistrate Judge . I. INTRODUCTION On March 17, 2016, Plaintiff-Appellee Joyce Collins filed a motion for costs in the amount of $1,785.84, and for sanction in the amount of $11,408.50, representing $7,837.50 for the 28.5 hours of attorney time spent responding to Deshikachar's frivolous appeal and $3,751 for double the costs expended in responding to the appeal. [R. 21; R....
REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT [R. 26, 27] ELIZABETH A. STAFFORD , Magistrate Judge . I. INTRODUCTION Plaintiff Cary Cosgrove, a prisoner proceeding pro se, brings this action pursuant to 42 U.S.C. 1983, alleging various violations of both his First and Eighth Amendment rights during his incarceration at Saginaw Correctional Facility ("SRF"). 1 [R. 1]. Defendants Gary Miller, Margret Anderson, Patsy Enos, Todd McLean, Todd Massick, Anthony Collier,...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 22, 2016, and plead guilty to count one of the information. In open court, I...
REPORT AND RECOMMENDATION RULE 41(B) DISMISSAL AND MOTION TO DISMISS (Dkt. 3) STEPHANIE DAWKINS DAVIS , Magistrate Judge . I. PROCEDURAL HISTORY Plaintiff Keynel Cadet originally brought this action in the Wayne County Circuit Court alleging claims of quiet title, fraudulent misrepresentation and misrepresentation. (Dkt. 1, Pg ID 19-24). On September 9, 2016, defendants removed the action to this court. (Dkt. 1). On September 16, 2016, defendants filed a motion to dismiss. (Dkt. 3). This...
REPORT AND RECOMMENDATION R. STEVEN WHALEN , Magistrate Judge . Plaintiff Robert L. Wolfe ("Plaintiff") brings this action under 42 U.S.C. 405(g), challenging a final decision of Defendant Commissioner denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act. Both parties have filed summary judgment motions which have been referred for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B). For the...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON ACCESS GROUP, INC.'S MOTION TO DISMISS (Doc. 16) PATRICIA T. MORRIS , Magistrate Judge . I. RECOMMENDATION For the reasons set forth below, IT IS RECOMMENDED that Access Group, Inc.'s Motion to Dismiss Counts V and VI (Doc. 16) be GRANTED. II. REPORT A. Introduction On June 7, 2016, Plaintiff John Yeska ("Plaintiff") filed this suit in state court alleging that Experian Information Solutions, Inc. ("Experian"), Equifax...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 19, 2016, and plead guilty to count one of the information. In open court, I...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 21, 2016, and plead guilty to count one of the indictment. In open court, I...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 13, 14) PATRICIA T. MORRIS , Magistrate Judge . I. RECOMMENDATION In light of the entire record in this case, I suggest that substantial evidence supports the Commissioner's determination that Berry is not disabled. Accordingly, IT IS RECOMMENDED that Berry's Motion for Summary Judgment (Doc. 13) be DENIED, that the Commissioner's Motion for Summary Judgment (Doc. 14) be GRANTED, and that...
REPORT AND RECOMMENDATION MONA K. MAJZOUB , Magistrate Judge . Plaintiff Shawn R. Van Heck commenced this pro se civil rights action against Defendants Village of Romeo, Officer Dusovic, and Romeo Police Department on December 21, 2015. (Docket no. 1.) Before the Court is Defendants' Motion to Dismiss and/or in the Alternative, Motion for Summary Judgment. (Docket no. 19.) Plaintiff responded to Defendants' Motion (docket no. 21), and Defendants replied to Plaintiff's Response (docket...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON EVERBANK'S MOTION TO DISMISS (Doc. 26), AND TROTT'S MOTION FOR SETTLEMENT OF ORDER OF DISMISSAL (Doc. 28) PATRICIA T. MORRIS , Magistrate Judge . I. RECOMMENDATION For the reasons set forth below, IT IS RECOMMENDED that Defendant EverBank Mortgage Company's ("EverBank") Motion to Dismiss, (Doc. 26), be GRANTED, that Plaintiff's Amended Complaint, (Doc. 13), be DISMISSED WITH PREJUDICE, and that Defendant Trott Law, P.C.'s ("Trott")...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 13, 2016, and plead guilty to count one of the indictment. In open court, I...
MAGISTRATE JUDGE'S REPORT, FINDINGS, AND RECOMMENDATION CONCERNING PLEA OF GUILTY PATRICIA T. MORRIS , Magistrate Judge . I. REPORT AND FINDINGS This case was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant's offer of a plea of guilty. Defendant and his counsel appeared before me on December 8, 2016, and plead guilty to count one of the information. In open court, I...
